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Briefly: Coles, REA, Nine among this week’s litigation targets
Lawyers stuck inside by the dreary, cold weather have been keeping busy penning a slew of new suits targeting the likes of Coles, REA and Nine.
Woolworths fights class action notice reminding employees to keep records
Woolworths has told a judge in an underpayments class action where its remediation costs could stretch to $330 million that sending a notice to group members reminding them to keep records would be “premature and potentially misleading”. 
Construction PRO
Dexus loses battle with APAC over validity of default notice
Dexus has lost its case over the validity of a default notice issued by Melbourne Aiport's operator, with a judge saying the real estate asset manager breached the company's confidentiality and "irrevocably undermined" its relationship with fellow shareholders.
Construction PRO
‘What a mess’: Texts reveal Dexus panic over APAC breach
Heads may roll after a court on Friday rejected the evidence of key Dexus employees at trial over a breach of APAC's shareholder deed, in a ruling that revealed some insiders suspected the "embarassing blunder" would come back to bite.
ASIC slams Rex directors’ claim that ‘hopeful’ ASX statement not a forecast
An ASX statement from budget airline Rex that was optimistic about its 2023 profit prospects should have been corrected by April, ASIC has told a judge, disputing claims that the statement was not a forecast but merely an expression of what the board hoped for. 
McDonald’s knew workers weren’t taking 10-minute breaks, trial hears
McDonald’s knew that employees across its stores were not being given continuous 10-minute rest breaks and that its time-keeping systems were deficient, a judge heard on the first day of trial in an underpayments class action that could include 370,000 workers.
Class action against Phoslock, KPMG can’t delay security amid ATE talks
A judge has rejected a bid by a shareholder class action against water treatment firm Phoslock and auditor KPMG to put off paying $1.6 million in overdue cash security while negotiations about an ATE policy are on foot.
Full Court’s ‘demanding’ new standard for divisional patents
A recent judgment that clarified the date for assessing best method knowledge for divisional patents appears to create new difficulties for patent applicants, lawyers say.
Rex director admits liability in ASIC’s disclosure breach case
The former executive chairman at regional airline Rex has admitted ASIC’s claims that he misled investors about the company’s position and breached his directors duties and may give evidence for the corporate watchdog, a court has heard. 
Clock’s ticking for Rex directors as ASIC opens disclosure breach case
Four directors of regional airline Rex are set to decide this week whether they will remain silent in the face of allegations by the corporate regulator that they misled investors about the company’s financial position.